Overview

David Hoffman's The Art of Impasse-Breaking in Mediation provides hands-on guidance for lawyers and mediators seeking to overcome roadblocks to settlement a comprehensive manual that describes more than 50 tools that mediators use and why they work. As Harvard Lecturer on Law and past chair of the ABA Section of Dispute Resolution, Hoffman draws on more than thirty years of mediating family, business, employment cases and twenty years of teaching mediation in this invaluable guide. Beginning with tools for preventing impasse, this manual offers guidance on both the do's and the don'ts of closing deals in mediation, with insights drawn from social psychology, game theory, and the Internal Family Systems model. Lawyers, mediators, and other dispute resolvers will find particular value in the numerous vignettes and case studies drawn from Hoffman's experience as a mediator, as well as checklists, forms, and practice tips. The book concludes with suggestions for bringing mediation cases not just to closure but to transformative resolutions that are fair, efficient, stable, and wise.

Full Product Details

9781639057054

Table of Contents

Reviews

The best mediation book I have ever read or used as a textbook to train professionals, and here’s why: Hoffman’s expansive and clear thinking is deeply researched yet easy to read. It presents tools for preventing and breaking impasse and also provides guidance on how to strategically select and deploy the right tool at the right moment. Practicing lawyers and mediators should have this book within reach at all times!- Forrest S. Mosten, Principal Trainer, Mosten Mediation Training Academy; Author of The Complete Guide to Mediation and Mediation Career Guide An essential guide for every mediator's shelf, The Art of Impasse-Breaking in Mediation provides well-explained tools for getting through the impasse when it does occur, as well as strategies that may prevent the impasse or make it more manageable.  Packed with practical tools, keen insights, and thoughtful reflections on the pitfalls and possibilities inherent in complex negotiations, this book is destined to become the trusted companion for anyone seeking to break through deadlock and foster sustainable agreements. Whether you are a seasoned professional or just beginning your practice, prepare to be inspired, enlightened, and empowered.- Professor Homer C. La Rue, Howard University School of Law; Board Chair, Ray Corollary Initiative, Inc.; Past-President, National Academy of Arbitrators; Past-Chair, ABA Section of Dispute Resolution Teachers of mediation are tempted to treat impasse as an occasional, unwelcome visitor to the process. But in truth it is at its core: Most parties seek out mediators precisely because they are caught in an impasse or expect to fall into one. David Hoffman grasps this central truth, and probes more deeply than anyone into why impasses occur and how a mediator can respond to them. For novices, The Art of Impasse-Breaking in Mediation offers crucial defenses against failure as they develop their practice. For experts, it provides a wide variety of options, with techniques that may have been forgotten and others never considered. David Hoffman’s advice is especially useful because he gives it so clearly and concisely, grounding it in psychology, behavioral science, and bargaining theory.-Dwight Golann, Research Professor of Law, Suffolk University Law School and UC-San Francisco; author of Mediating Legal Disputes and Sharing a Mediator’s Powers Even the most experienced mediators will want to review David Hoffman's creative and comprehensive list of ideas before declaring impasse. New mediators will find sound and practical guidance for each stage of mediation from one of the nation's most admired mediators.- Nancy H. Rogers, Professor of Law and Moritz Chair in Alternative Dispute Resolution Emeritus, The Ohio State University Moritz College of Law; co-author of How Mediation Works and Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes David Hoffman has long been one of the most influential, inspirational, and respected mediators in the field. His empathy and wisdom seem boundless. Here he shares that wisdom and experience in an eminently practical manual analyzing barriers and difficulties in negotiation and offering a wealth of ideas for overcoming them and helping people close a sensible deal. Full of eye-opening war stories and well-organized good advice, it is destined to be a go-to reference for both new mediators and grizzled practitioners. - Bruce Patton, Cofounder and Distinguished Fellow of the Harvard Negotiation Project and coauthor of Getting to YES and Difficult Conversations

The best mediation book I have ever read or used as a textbook to train professionals, and here’s why: Hoffman’s expansive and clear thinking is deeply researched yet easy to read. It presents tools for preventing and breaking impasse and also provides guidance on how to strategically select and deploy the right tool at the right moment. Practicing lawyers and mediators should have this book within reach at all times!- Forrest S. Mosten, Principal Trainer, Mosten Mediation Training Academy; Author of The Complete Guide to Mediation and Mediation Career Guide An essential guide for every mediator's shelf, The Art of Impasse-Breaking in Mediation provides well-explained tools for getting through the impasse when it does occur, as well as strategies that may prevent the impasse or make it more manageable.  Packed with practical tools, keen insights, and thoughtful reflections on the pitfalls and possibilities inherent in complex negotiations, this book is destined to become the trusted companion for anyone seeking to break through deadlock and foster sustainable agreements. Whether you are a seasoned professional or just beginning your practice, prepare to be inspired, enlightened, and empowered.- Professor Homer C. La Rue, Howard University School of Law; Board Chair, Ray Corollary Initiative, Inc.; Past-President, National Academy of Arbitrators; Past-Chair, ABA Section of Dispute Resolution Teachers of mediation are tempted to treat impasse as an occasional, unwelcome visitor to the process. But in truth it is at its core: Most parties seek out mediators precisely because they are caught in an impasse or expect to fall into one. David Hoffman grasps this central truth, and probes more deeply than anyone into why impasses occur and how a mediator can respond to them. For novices, The Art of Impasse-Breaking in Mediation offers crucial defenses against failure as they develop their practice. For experts, it provides a wide variety of options, with techniques that may have been forgotten and others never considered. David Hoffman’s advice is especially useful because he gives it so clearly and concisely, grounding it in psychology, behavioral science, and bargaining theory.-Dwight Golann, Research Professor of Law, Suffolk University Law School and UC-San Francisco; author of Mediating Legal Disputes and Sharing a Mediator’s Powers Even the most experienced mediators will want to review David Hoffman's creative and comprehensive list of ideas before declaring impasse. New mediators will find sound and practical guidance for each stage of mediation from one of the nation's most admired mediators.- Nancy H. Rogers, Professor of Law and Moritz Chair in Alternative Dispute Resolution Emeritus, The Ohio State University Moritz College of Law; co-author of How Mediation Works and Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes

Author Information

David A. Hoffman is the John H. Watson Jr. Lecturer on Law at Harvard Law School, where he teaches three courses: Mediation, Diversity and Dispute Resolution, and Legal Profession: Collaborative Law. David is also an attorney, mediator, arbitrator, and founding member of Boston Law Collaborative, LLC, where he handles cases involving family, business, employment, and other disputes. Prior to founding Boston Law Collaborative in 2003, David was a litigation partner at the Boston firm Hill, Barlow, where he practiced for 17 years. David is past chair of the American Bar Association Section of Dispute Resolution. He is also a Distinguished Fellow of the International Academy of Mediators and has won lifetime achievement awards from the Academy of Professional Family Mediators and the American College of Civil Trial Mediators. David has published three books on conflict resolution (including Bringing Peace into the Room with co editor Daniel Bowling) and more than 100 articles on topics related to law and mediation. David is a graduate of Princeton University (BA summa cum laude, 1970), Cornell University (MA 1974, American Studies), and Harvard Law School (JD, magna cum laude, 1984), where he was an editor of the Harvard Law Review. After law school, he served as a law clerk for Hon. Stephen G. Breyer, at the U.S. Court of Appeals for the First Circuit. David and his wife, Leslie Warner, live in a cohousing community in Acton, Massachusetts. Between them, they have five adult children, an adolescent cat, and a rescue Golden Retriever from Serbia.

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